Common use of Trustee Clause in Contracts

Trustee. Section 7.01 Duties of Trustee 98 Section 7.02 Rights of Trustee 99 Section 7.03 Individual Rights of Trustee 101 Section 7.04 Trustee’s Disclaimer 101 Section 7.05 Notice of Defaults 101 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 Compensation and Indemnity 101 Section 7.08 Replacement of Trustee 102 Section 7.09 Successor Trustee by Merger 103 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 ARTICLE VIII LEGAL DEFEASANCE, COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To Effect Legal Defeasance or Covenant Defeasance 104 Section 8.02 Legal Defeasance and Discharge 104 Section 8.03 Covenant Defeasance 105 Section 8.04 Conditions to Legal or Covenant Defeasance 105

Trustee. Section 7.01 7.01. Duties of Trustee 98 84 Section 7.02 7.02. Rights of Trustee 99 85 Section 7.03 7.03. Individual Rights of Trustee 101 86 Section 7.04 7.04. Trustee’s Disclaimer 101 86 Section 7.05 7.05. Notice of Defaults 101 86 Section 7.06 7.06. Reports by Trustee to Holders 101 86 Section 7.07 7.07. Compensation and Indemnity 101 87 Section 7.08 7.08. Replacement of Trustee 102 87 Section 7.09 7.09. Successor Trustee by Merger 103 Xxxxxx, etc. 88 Section 7.10 7.10. Eligibility; Disqualification 104 88 Section 7.11 7.11. Preferential Collection of Claims Against the Company and Guarantors 104 89 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 89 Section 8.02 8.02. Legal Defeasance and Discharge 104 89 Section 8.03 8.03. Covenant Defeasance 105 89 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 10590

Trustee. Section 7.01 Duties of Trustee 98 87 Section 7.02 Rights of Trustee 99 88 Section 7.03 Individual Rights of Trustee 101 90 Section 7.04 Trustee’s Disclaimer 101 90 Section 7.05 Notice of Defaults 101 90 Section 7.06 Reports by Trustee to Holders 101 [Reserved] 91 Section 7.07 Compensation and Indemnity 101 91 Section 7.08 Replacement of Trustee 102 91 Section 7.09 Successor Trustee by Merger 103 Xxxxxx, etc. 92 Section 7.10 Eligibility; Disqualification 104 92 Section 7.11 Preferential Collection of Claims Against the Company 93 Section 7.12 Appointment of Co-Trustees and Guarantors 104 Separate Trustee 93 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 94 Section 8.02 Legal Defeasance and Discharge 104 Section 8.03 Covenant Defeasance 105 Section 8.04 Conditions to Legal or Covenant Defeasance 10594 Page

Trustee. Section 7.01 7.01. Duties of Trustee 98 84 Section 7.02 7.02. Rights of Trustee 99 85 Section 7.03 7.03. Individual Rights of Trustee 101 86 Section 7.04 7.04. Trustee’s Disclaimer 101 86 Section 7.05 7.05. Notice of Defaults 101 86 Section 7.06 7.06. Reports by Trustee to Holders 101 86 Section 7.07 7.07. Compensation and Indemnity 101 87 Section 7.08 7.08. Replacement of Trustee 102 87 Section 7.09 7.09. Successor Trustee by Merger 103 Merger, etc. 88 Section 7.10 7.10. Eligibility; Disqualification 104 88 Section 7.11 7.11. Preferential Collection of Claims Against the Company and Guarantors 104 89 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 89 Section 8.02 8.02. Legal Defeasance and Discharge 104 89 Section 8.03 8.03. Covenant Defeasance 105 89 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 10590

Trustee. Section 7.01 Duties of Trustee 98 100 Section 7.02 Rights of Trustee 99 101 Section 7.03 Individual Rights of Trustee 101 102 Section 7.04 Trustee’s Disclaimer 101 103 Section 7.05 Notice of Defaults 101 103 Section 7.06 Reports by Trustee to Holders 101 of the Notes 103 Section 7.07 Compensation and Indemnity 101 103 Section 7.08 Replacement of Trustee 102 or Agent 104 Section 7.09 Successor Trustee by Merger 103 Merger, etc 105 Section 7.10 Eligibility; Disqualification 104 105 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuer 105 Section 7.12 Appointment of Collateral Agent 105 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 106 Section 8.02 Legal Defeasance and Discharge 104 106 Section 8.03 Covenant Defeasance 105 106 Section 8.04 Conditions to Legal or Covenant Defeasance 105107

Trustee. Section 7.01 Duties of Trustee 98 88 Section 7.02 Rights of Trustee 99 89 Section 7.03 Individual Rights of Trustee 101 90 Section 7.04 Trustee’s Disclaimer 101 90 Section 7.05 Notice of Defaults 101 90 Section 7.06 Reports by Trustee to Holders 101 of the Notes 90 Section 7.07 Compensation and Indemnity 101 90 Section 7.08 Replacement of Trustee 102 91 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 92 Section 7.10 Eligibility; Disqualification 104 93 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuers 93 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 93 Section 8.02 Legal Defeasance and Discharge 104 93 Section 8.03 Covenant Defeasance 105 94 Section 8.04 Conditions to Legal or Covenant Defeasance 10594

Trustee. Section 7.01 Duties of Trustee 98 86 Section 7.02 Rights of Trustee 99 87 Section 7.03 Individual Rights of Trustee 101 88 Section 7.04 Trustee’s Disclaimer 101 88 Section 7.05 Notice of Defaults 101 89 Section 7.06 Reports by Trustee to Holders 101 of the Notes 89 Section 7.07 Compensation and Indemnity 101 89 Section 7.08 Replacement of Trustee 102 90 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 91 Section 7.10 Eligibility; Disqualification 104 91 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuers 91 Page ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 92 Section 8.02 Legal Defeasance and Discharge 104 92 Section 8.03 Covenant Defeasance 105 92 Section 8.04 Conditions to Legal or Covenant Defeasance 10593

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 82 Section 7.02 Rights of Trustee 99 Trustee. 82 Section 7.03 Individual Rights of Trustee 101 Trustee. 83 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 83 Section 7.05 Notice of Defaults 101 Defaults. 83 Section 7.06 Reports by Trustee to Holders 101 of Notes. 84 Section 7.07 Compensation and Indemnity 101 Indemnity. 84 Section 7.08 Replacement of Trustee 102 Trustee. 85 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 86 Section 7.10 Eligibility; Disqualification 104 Disqualification. 86 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 86 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 86 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 87 Section 8.03 Covenant Defeasance 105 Defeasance. 87 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 87

Trustee. Section 7.01 7.01. Duties of Trustee 98 147 Section 7.02 7.02. Rights of Trustee 99 148 Section 7.03 7.03. Individual Rights of Trustee 101 150 Section 7.04 7.04. Trustee’s Disclaimer 101 151 Section 7.05 7.05. Notice of Defaults 101 151 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 7.06. Compensation and Indemnity 101 151 Section 7.08 7.07. Replacement of Trustee 102 152 Section 7.09 7.08. Successor Trustee by Merger 103 Merger, etc. 153 Section 7.10 7.09. Eligibility; Disqualification 104 153 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 7.10. Escrow Authorization 153 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 153 Section 8.02 8.02. Legal Defeasance and Discharge 104 153 Section 8.03 8.03. Covenant Defeasance 105 154 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 105155

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 72 Section 7.02 Rights of Trustee 99 Trustee. 73 Section 7.03 Individual Rights of Trustee 101 Trustee. 74 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 74 Section 7.05 Notice of Defaults 101 Defaults. 75 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 75 Section 7.07 Compensation and Indemnity 101 Indemnity. 75 Section 7.08 Replacement of Trustee 102 Trustee. 76 Section 7.09 Successor Trustee by Merger 103 Xxxxxx, etc. 77 Section 7.10 Eligibility; Disqualification 104 Disqualification. 77 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 77 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 77 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 77 Section 8.03 Covenant Defeasance 105 Defeasance. 78 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 78

Trustee. Section 7.01 Duties of Trustee 98 70 Section 7.02 Rights of Trustee 99 71 Section 7.03 Individual Rights of Trustee 101 73 Section 7.04 Trustee’s 's Disclaimer 101 73 Section 7.05 Notice of Defaults 101 73 Section 7.06 Reports by Trustee to Holders 101 73 Section 7.07 Compensation and Indemnity 101 73 Section 7.08 Replacement of the Trustee 102 74 Section 7.09 Successor Trustee by Merger 103 Merger, etc 76 Section 7.10 Eligibility; Disqualification 104 76 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuer 76 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To Effect Legal Defeasance or Covenant Defeasance 104 Section 8.02 Legal Defeasance and Discharge 104 Section 8.03 Covenant Defeasance 105 76 ARTICLE 9 AMENDMENT, SUPPLEMENT AND WAIVER Section 8.04 Conditions to Legal or Covenant Defeasance 1059.01 Without Consent of Holders of Notes 77 Section 9.02 With Consent of Holders of Notes 77 ARTICLE 10 GUARANTEE Section 10.02 Limitation on Liability 78 ARTICLE 12

Trustee. Section 7.01 Duties of Trustee 98 73 Section 7.02 Rights of Trustee 99 74 Section 7.03 Individual Rights of Trustee 101 75 Section 7.04 Trustee’s Disclaimer 101 75 Section 7.05 Notice of Defaults 101 76 Section 7.06 Reports by Trustee to Holders 101 Instructions Using Electronic Means 76 Section 7.07 Compensation and Indemnity 101 77 Section 7.08 Replacement of Trustee 102 78 Section 7.09 Successor Trustee by Merger 103 Xxxxxx, Etc. 79 Section 7.10 Eligibility; Disqualification 104 79 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuer 79 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 79 Section 8.02 Legal Defeasance and Discharge 104 79 Section 8.03 Covenant Defeasance 105 80 Section 8.04 Conditions to Legal or Covenant Defeasance 10581

Trustee. Section 7.01 Duties of Trustee 98 87 Section 7.02 Rights of Trustee 99 88 Section 7.03 Individual Rights of Trustee 101 89 Section 7.04 Trustee’s Disclaimer 101 90 Section 7.05 Notice of Defaults 101 90 Section 7.06 Reports by Trustee to Holders 101 [Reserved] 90 Section 7.07 Compensation and Indemnity 101 90 Section 7.08 Replacement of Trustee 102 91 Section 7.09 Successor Trustee by Merger 103 Xxxxxx, etc. 92 Section 7.10 Eligibility; Disqualification 104 92 Section 7.11 Preferential Collection of Claims Against the Company 92 Section 7.12 Appointment of Co-Trustees and Guarantors 104 Separate Trustee 93 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 94 Section 8.02 Legal Defeasance and Discharge 104 Section 8.03 Covenant Defeasance 105 Section 8.04 Conditions to Legal or Covenant Defeasance 10594 Page

Trustee. Section 7.01 Duties of Trustee 98 86 Section 7.02 Rights of Trustee 99 87 Section 7.03 Individual Rights of Trustee 101 88 Section 7.04 Trustee’s Disclaimer 101 88 Section 7.05 Notice of Defaults 101 89 Section 7.06 Reports by Trustee to Holders 101 [Reserved] 89 Section 7.07 Compensation and Indemnity 101 89 Section 7.08 Replacement of Trustee 102 90 Section 7.09 Successor Trustee by Merger 103 Xxxxxx, etc. 91 Section 7.10 Eligibility; Disqualification 104 91 Section 7.11 Preferential Collection of Claims Against the Company 91 Section 7.12 Appointment of Co-Trustees and Guarantors 104 Separate Trustee 91 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 92 Section 8.02 Legal Defeasance and Discharge 104 92 Page Section 8.03 Covenant Defeasance 105 93 Section 8.04 Conditions to Legal or Covenant Defeasance 10594

Trustee. Section 7.01 Duties of Trustee 98 47 Section 7.02 Rights of Trustee 99 48 Section 7.03 Individual Rights of Trustee 101 49 Section 7.04 Trustee’s Disclaimer 101 50 Section 7.05 Notice of Defaults 101 50 Section 7.06 Reports by Trustee to Holders 101 of the Notes 50 Section 7.07 Compensation and Indemnity 101 50 Section 7.08 Replacement of Trustee 102 51 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 52 Section 7.10 Eligibility; Disqualification 104 52 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 52 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 53 Section 8.02 Legal Defeasance and Discharge 104 53 Section 8.03 Covenant Defeasance 105 53 Section 8.04 Conditions to Legal or Covenant Defeasance 10554

Trustee. Section 7.01 Duties of Trustee 98 71 Section 7.02 Rights of Trustee 99 72 Section 7.03 Individual Rights of Trustee 101 73 Section 7.04 Trustee’s Disclaimer 101 73 Section 7.05 Notice of Defaults 101 73 Page Section 7.06 Reports by Trustee to Holders 101 of the Notes 73 Section 7.07 Compensation and Indemnity 101 74 Section 7.08 Replacement of Trustee 102 74 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 75 Section 7.10 Eligibility; Disqualification 104 75 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuers 76 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 76 Section 8.02 Legal Defeasance and Discharge 104 76 Section 8.03 Covenant Defeasance 105 77 Section 8.04 Conditions to Legal or Covenant Defeasance 10577

Trustee. Section 7.01 Duties of Trustee 98 71 Section 7.02 Rights of Trustee 99 72 Section 7.03 Individual Rights of Trustee 101 72 Section 7.04 Trustee’s Disclaimer 101 73 Section 7.05 Notice of Defaults 101 73 Section 7.06 Reports by Trustee to Holders 101 of the Notes 73 Section 7.07 Compensation and Indemnity 101 73 Section 7.08 Replacement of Trustee 102 74 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 74 Section 7.10 Eligibility; Disqualification 104 75 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Operating Partnership 75 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 75 Section 8.02 Legal Defeasance and Discharge 104 75 Section 8.03 Covenant Defeasance 105 76 Section 8.04 Conditions to Legal or Covenant Defeasance 10576

Trustee. Section 7.01 Duties of Trustee 98 96 Section 7.02 Rights of Trustee 99 97 Section 7.03 Individual Rights of Trustee 101 98 Section 7.04 Trustee’s and the Collateral Agent’s Disclaimer 101 98 Section 7.05 Notice of Defaults 101 99 Section 7.06 Reports by Trustee to Holders 101 of the Notes 99 Section 7.07 Compensation and Indemnity 101 99 Section 7.08 Replacement of Trustee 102 100 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 101 Section 7.10 Eligibility; Disqualification 104 101 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuer 101 ARTICLE VIII LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 101 Section 8.02 Legal Defeasance and Discharge 104 101 Section 8.03 Covenant Defeasance 105 102 Section 8.04 Conditions to Legal or Covenant Defeasance 105102

Trustee. Section 7.01 7.01. Duties of Trustee 98 68 Section 7.02 7.02. Rights of Trustee 99 69 Section 7.03 7.03. Individual Rights of Trustee 101 70 Section 7.04 7.04. Trustee’s Disclaimer 101 70 Section 7.05 7.05. Notice of Defaults 101 71 Section 7.06 Reports by Trustee to Holders 101 7.06. [Reserved] 71 Section 7.07 7.07. Compensation and Indemnity 101 71 Section 7.08 7.08. Replacement of Trustee 102 72 Section 7.09 7.09. Successor Trustee by Merger 103 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Merger, etc 73 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 73 Section 8.02 8.02. Legal Defeasance and Discharge 104 73 Section 8.03 8.03. Covenant Defeasance 105 74 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 10574

Trustee. Section 7.01 7.01. Duties of Trustee 98 118 Section 7.02 7.02. Rights of Trustee 99 119 Section 7.03 7.03. Individual Rights of Trustee 101 120 Section 7.04 7.04. Trustee’s Disclaimer 101 120 Section 7.05 7.05. Notice of Defaults 101 121 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 7.06. Compensation and Indemnity 101 121 Section 7.08 7.07. Replacement of Trustee 102 122 Section 7.09 7.08. Successor Trustee by Merger 103 Merger, etc 123 Section 7.10 7.09. Eligibility; Disqualification 104 123 Section 7.11 7.10. Preferential Collection of Claims Against the Company and Guarantors 104 Issuers 124 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 124 Section 8.02 8.02. Legal Defeasance and Discharge 104 124 Section 8.03 8.03. Covenant Defeasance 105 125 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 105125

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 72 Section 7.02 Rights of Trustee 99 Trustee. 73 Section 7.03 Individual Rights of Trustee 101 Trustee. 73 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 73 Section 7.05 Notice of Defaults 101 Defaults. 73 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 74 Section 7.07 Compensation and Indemnity 101 Indemnity. 74 Section 7.08 Replacement of Trustee 102 Trustee. 75 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 76 Section 7.10 Eligibility; Disqualification 104 Disqualification. 76 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 76 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 76 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 76 Section 8.03 Covenant Defeasance 105 Defeasance. 77 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 77

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 66 Section 7.02 Rights of Trustee 99 Trustee. 67 Section 7.03 Individual Rights of Trustee 101 Trustee. 68 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 68 Section 7.05 Notice of Defaults 101 Defaults. 69 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 69 Section 7.07 Compensation and Indemnity 101 Indemnity. 69 Section 7.08 Replacement of Trustee 102 Trustee. 70 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 71 Section 7.10 Eligibility; Disqualification 104 Disqualification. 71 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 71 Page ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 71 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 71 Section 8.03 Covenant Defeasance 105 Defeasance. 72 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 72

Trustee. Section 7.01 Duties of Trustee 98 82 Section 7.02 Rights of Trustee 99 83 Section 7.03 Individual Rights of Trustee 101 84 Section 7.04 Trustee’s Disclaimer 101 84 Section 7.05 Notice of Defaults 101 85 Section 7.06 Reports by Trustee to Holders 101 of the Notes 85 Section 7.07 Compensation and Indemnity 101 85 Section 7.08 Replacement of Trustee 102 86 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 87 Section 7.10 Eligibility; Disqualification 104 87 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 87 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 87 Section 8.02 Legal Defeasance and Discharge 104 87 Section 8.03 Covenant Defeasance 105 88 Section 8.04 Conditions to Legal or Covenant Defeasance 10588 Page

Trustee. Section 7.01 Duties of Trustee 98 96 Section 7.02 Rights of Trustee 99 97 Section 7.03 Individual Rights of Trustee 101 99 Section 7.04 Trustee’s Disclaimer 101 99 Section 7.05 Notice of Defaults 101 99 Section 7.06 Reports by Trustee to Holders 101 of the Notes 99 Section 7.07 Compensation and Indemnity 101 100 Section 7.08 Replacement of Trustee 102 100 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 101 Section 7.10 Eligibility; Disqualification 104 101 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuers 102 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 102 Section 8.02 Legal Defeasance and Discharge 104 102 Section 8.03 Covenant Defeasance 105 102 Section 8.04 Conditions to Legal or Covenant Defeasance 105103

Trustee. Section 7.01 Duties of Trustee 98 88 Section 7.02 Rights of Trustee 99 89 Section 7.03 Individual Rights of Trustee 101 90 Section 7.04 Trustee’s Disclaimer 101 90 Section 7.05 Notice of Defaults 101 91 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 Compensation and Indemnity 101 91 Section 7.08 7.07 Replacement of Trustee 102 92 Section 7.09 7.08 Successor Trustee by Merger 103 Merger, etc. 93 Section 7.10 7.09 Eligibility; Disqualification 104 93 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 7.10 Statements 93 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 93 Section 8.02 Legal Defeasance and Discharge 104 93 Section 8.03 Covenant Defeasance 105 94 Section 8.04 Conditions to Legal or Covenant Defeasance 10594

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 52 Section 7.02 Rights of Trustee 99 Trustee. 53 Section 7.03 Individual Rights of Trustee 101 Trustee. 54 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 54 Section 7.05 Notice of Defaults 101 Defaults. 55 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 55 Section 7.07 Compensation and Indemnity 101 Indemnity. 55 Section 7.08 Replacement of Trustee 102 Trustee. 56 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 57 Section 7.10 Eligibility; Disqualification 104 Disqualification. 57 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 57 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 57 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 57 Section 8.03 Covenant Defeasance 105 Defeasance. 58 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 58

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 37 Section 7.02 Rights of Trustee 99 Trustee. 38 Section 7.03 Individual Rights of Trustee 101 Trustee. 39 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 40 Section 7.05 Notice of Defaults 101 Defaults. 40 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 40 Section 7.07 Compensation and Indemnity 101 Indemnity. 40 Section 7.08 Replacement of Trustee 102 Trustee. 41 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 42 Section 7.10 Eligibility; Disqualification 104 Disqualification. 42 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 42 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 42 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 42 Section 8.03 Covenant Defeasance 105 Defeasance. 43 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 44

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 44 Section 7.02 Rights of Trustee 99 Trustee. 45 Section 7.03 Individual Rights of Trustee 101 Trustee. 45 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 45 Section 7.05 Notice of Defaults 101 Defaults. 46 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 46 Section 7.07 Compensation and Indemnity 101 Indemnity. 46 Section 7.08 Replacement of Trustee 102 Trustee. 47 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 48 Section 7.10 Eligibility; Disqualification 104 Disqualification. 48 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 48 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 48 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 48 Section 8.03 Covenant Defeasance 105 Defeasance. 49 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 49

Trustee. Section 7.01 7.01. Duties of Trustee 98 82 Section 7.02 7.02. Rights of Trustee 99 83 Section 7.03 7.03. Individual Rights of Trustee 101 84 Section 7.04 7.04. Trustee’s Disclaimer 101 85 Section 7.05 7.05. Notice of Defaults 101 85 Section 7.06 Reports by Trustee to Holders 101 7.06. [Reserved] 85 Section 7.07 7.07. Compensation and Indemnity 101 85 Section 7.08 7.08. Replacement of Trustee 102 86 Section 7.09 7.09. Successor Trustee by Merger 103 Xxxxxx, etc. 87 Section 7.10 7.10. Eligibility; Disqualification 104 87 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 7.11. [Reserved] 87 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 87 Section 8.02 8.02. Legal Defeasance and Discharge 104 87 Section 8.03 8.03. Covenant Defeasance 105 88 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 10588

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 70 Section 7.02 Rights of Trustee 99 Trustee. 71 Section 7.03 Individual Rights of Trustee 101 Trustee. 72 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 72 Section 7.05 Notice of Defaults 101 Defaults. 72 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 72 Section 7.07 Compensation and Indemnity 101 Indemnity. 72 Section 7.08 Replacement of Trustee 102 Trustee. 73 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 74 Section 7.10 Eligibility; Disqualification 104 Disqualification. 74 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 74 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 74 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 75 Section 8.03 Covenant Defeasance 105 Defeasance. 75 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 76

Trustee. Section 7.01 7.01. Duties of Trustee 98 120 Section 7.02 7.02. Rights of Trustee 99 122 Section 7.03 7.03. Individual Rights of Trustee 101 123 Section 7.04 7.04. Trustee’s Disclaimer 101 124 Section 7.05 7.05. Notice of Defaults 101 124 Section 7.06 Reports by Trustee to Holders 101 7.06. [Reserved.] 124 Section 7.07 7.07. Compensation and Indemnity 101 124 Section 7.08 7.08. Replacement of Trustee 102 125 Section 7.09 7.09. Successor Trustee by Merger 103 Merger, etc 126 Section 7.10 7.10. Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 126 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 126 Section 8.02 8.02. Legal Defeasance and Discharge 104 127 Section 8.03 8.03. Covenant Defeasance 105 127 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 105128

Trustee. Section 7.01 Duties of Trustee 98 59 Page Section 7.02 Rights of Trustee 99 60 Section 7.03 Individual Rights of Trustee 101 61 Section 7.04 Trustee’s 's Disclaimer 101 61 Section 7.05 Notice of Defaults 101 61 Section 7.06 Reports by Trustee to Holders 101 of the Notes 62 Section 7.07 Compensation and Indemnity 101 62 Section 7.08 Replacement of Trustee 102 63 Section 7.09 Successor Trustee by Merger 103 Merger, etc 64 Section 7.10 Eligibility; Disqualification 104 64 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 65 Section 7.12 Patriot Act 65 Section 7.13 Payment of Additional Interest 65 ARTICLE VIII LEGAL DEFEASANCE, COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE COLLATERAL Section 8.01 Option To Effect Legal Defeasance or Covenant Defeasance 104 Security Documents 65 Section 8.02 Legal Defeasance and Discharge 104 Agents 66 Section 8.03 Covenant Defeasance 105 Authorization of Actions to Be Taken 66 Section 8.04 Conditions to Legal Release of Collateral 67 Section 8.05 Filing, Recording and Opinions 68 Section 8.06 Powers Exercisable by Receiver or Covenant Defeasance 105Trustee 68 Section 8.07 Release upon Termination of the Company’s Obligations 68 ARTICLE IX

Trustee. Section 7.01 Duties of Trustee 98 87 Section 7.02 Rights of Trustee 99 89 Section 7.03 Individual Rights of Trustee 101 89 Section 7.04 Trustee’s Disclaimer 101 89 Section 7.05 Notice of Defaults 101 90 Section 7.06 Reports by Trustee to Holders 101 of the Notes 90 Section 7.07 Compensation and Indemnity 101 90 Section 7.08 Replacement of Trustee 102 91 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 92 Section 7.10 Eligibility; Disqualification 104 92 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuer 92 Page ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 92 Section 8.02 Legal Defeasance and Discharge 104 92 Section 8.03 Covenant Defeasance 105 93 Section 8.04 Conditions to Legal or Covenant Defeasance 10593

Trustee. Section 7.01 Duties of Trustee 98 92 Section 7.02 Rights of Trustee 99 93 Section 7.03 Individual Rights of Trustee 101 94 Section 7.04 Trustee’s 's Disclaimer 101 95 Section 7.05 Notice of Defaults 101 95 Section 7.06 Reports by Trustee to Holders 101 of the Notes 95 Section 7.07 Compensation and Indemnity 101 95 Section 7.08 Replacement of Trustee 102 96 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 97 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 97 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 97 Section 8.02 Legal Defeasance and Discharge 104 98 Section 8.03 Covenant Defeasance 105 98 Section 8.04 Conditions to Legal or Covenant Defeasance 10599

Trustee. Section 7.01 Duties of Trustee 98 114 Section 7.02 Rights of Trustee 99 115 Section 7.03 Individual Rights of Trustee 101 116 Section 7.04 Trustee’s Disclaimer 101 117 Section 7.05 Notice of Defaults 101 117 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 Compensation and Indemnity 101 117 Section 7.08 7.07 Replacement of Trustee 102 118 Section 7.09 7.08 Successor Trustee by Merger 103 Xxxxxx, etc. 119 Section 7.10 7.09 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 119 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 119 Section 8.02 Legal Defeasance and Discharge 104 119 Section 8.03 Covenant Defeasance 105 120 Section 8.04 Conditions to Legal or Covenant Defeasance 105121

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 88 Section 7.02 Rights of Trustee 99 89 Section 7.03 Individual Rights of Trustee 101 Trustee. 90 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 90 Section 7.05 Notice of Defaults 101 Defaults. 91 Section 7.06 Reports by Trustee to Holders 101 Compensation and Indemnity. 91 Section 7.07 Compensation and Indemnity 101 Replacement of Trustee. 91 Section 7.08 Replacement of Trustee 102 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 92 Section 7.10 7.09 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 92 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 93 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 93 Section 8.03 Covenant Defeasance 105 Defeasance. 93 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 94 Page

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 63 Section 7.02 Rights of Trustee 99 Trustee. 64 Section 7.03 Individual Rights of Trustee 101 Trustee. 64 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 64 Section 7.05 Notice of Defaults 101 Defaults. 65 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 65 Section 7.07 Compensation and Indemnity 101 Indemnity. 65 Section 7.08 Replacement of Trustee 102 Trustee. 66 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 67 Section 7.10 Eligibility; Disqualification 104 Disqualification. 67 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 67 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 67 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 67 Section 8.03 Covenant Defeasance 105 Defeasance. 68 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 68

Trustee. Section 7.01 Duties of Trustee 98 81 Section 7.02 Certain Rights of Trustee 99 82 Section 7.03 Individual Rights of Trustee 101 83 Section 7.04 Trustee’s Disclaimer 101 83 Section 7.05 Notice of Defaults 101 83 Section 7.06 Reports by Trustee to Holders 101 of the Notes 83 Section 7.07 Compensation and Indemnity 101 84 Section 7.08 Replacement of Trustee 102 85 Section 7.09 Successor Trustee by Merger 103 Mxxxxx, Etc 86 Section 7.10 Eligibility; Disqualification 104 86 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 86 Section 7.12 No Representation by Trustee 86 ARTICLE VIII LEGAL DEFEASANCE, COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE EIGHT CONDITIONS TO ISSUANCE OF THE NOTES Section 8.01 Option To Effect Legal Defeasance or Covenant Defeasance 104 Section 8.02 Legal Defeasance and Discharge 104 Section 8.03 Covenant Defeasance 105 Section 8.04 Conditions Precedent to Legal or Covenant Defeasance 105the Issuance of the Notes 87 ARTICLE NINE AMENDMENT, SUPPLEMENT AND WAIVER

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 77 Section 7.02 Rights of Trustee 99 Trustee. 78 Section 7.03 Individual Rights of Trustee 101 Trustee. 79 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 79 Section 7.05 Notice of Defaults 101 Defaults. 79 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 80 Section 7.07 Compensation and Indemnity 101 Indemnity. 80 Section 7.08 Replacement of Trustee 102 Trustee. 81 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 82 Section 7.10 Eligibility; Disqualification 104 Disqualification. 82 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuers. 82 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 83 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 83 Section 8.03 Covenant Defeasance 105 Defeasance. 84 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 84

Trustee. Section 7.01 Duties of Trustee 98 48 Section 7.02 Rights of Trustee 99 49 Section 7.03 Individual Rights of Trustee 101 50 Section 7.04 Trustee’s Disclaimer 101 50 Section 7.05 Notice of Defaults 101 50 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 Compensation and Indemnity 101 50 Section 7.08 7.07 Replacement of Trustee 102 51 Section 7.09 7.08 Successor Trustee by Merger 103 Merger, etc 52 Section 7.10 7.09 Eligibility; Disqualification 104 52 Section 7.11 Preferential Collection 7.10 Appointment of Claims Against the Company and Guarantors 104 ARTICLE VIII Co-Trustee 52 Article 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 54 Section 8.02 Legal Defeasance and Discharge 104 54 Section 8.03 Covenant Defeasance 105 55 Section 8.04 Conditions to Legal or Covenant Defeasance 10555

Trustee. Section 7.01 Duties of Trustee 98 7375 Section 7.02 Rights of Trustee 99 7376 TABLE OF CONTENTS (continued) Page Section 7.03 Individual Rights of Trustee 101 7577 Section 7.04 Trustee’s Disclaimer 101 7577 Section 7.05 Notice of Defaults 101 7577 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 Compensation and Indemnity 101 7578 Section 7.08 7.07 Replacement of Trustee 102 7678 Section 7.09 7.08 Successor Trustee by Merger 103 Merger, etc. 7779 Section 7.10 7.09 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 7779 ARTICLE VIII VIII. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 7779 Section 8.02 Legal Defeasance and Discharge 104 7779 Section 8.03 Covenant Defeasance 105 7780 Section 8.04 Conditions to Legal or Covenant Defeasance 1057880

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 99 Section 7.02 Rights of Trustee 99 Trustee. 101 Section 7.03 Individual Rights of Trustee 101 Trustee. 102 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 102 Section 7.05 Notice of Defaults 101 Defaults. 102 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 103 Section 7.07 Compensation and Indemnity 101 Indemnity. 103 Section 7.08 Replacement of Trustee 102 Trustee. 104 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 105 Section 7.10 Eligibility; Disqualification 104 Disqualification. 105 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 106 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 106 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 106 Section 8.03 Covenant Defeasance 105 Defeasance. 107 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 108

Trustee. Section 7.01 7.01. Duties of Trustee 98 124 Section 7.02 7.02. Rights of Trustee 99 125 Section 7.03 7.03. Individual Rights of Trustee 101 126 Section 7.04 7.04. Trustee’s Disclaimer 101 126 Section 7.05 7.05. Notice of Defaults 101 126 Section 7.06 Reports by Trustee to Holders 101 7.06. [Reserved] 127 Section 7.07 7.07. Compensation and Indemnity 101 127 Section 7.08 7.08. Replacement of Trustee 102 127 Section 7.09 7.09. Successor Trustee by Merger 103 Merger, Etc. 128 Section 7.10 7.10. Eligibility; Disqualification 104 128 Section 7.11 7.11. Preferential Collection of Claims Against the Company and Guarantors 104 Issuer 129 Section 7.12. Escrow Authorization 129 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 129 Section 8.02 8.02. Legal Defeasance and Discharge 104 129 Section 8.03 8.03. Covenant Defeasance 105 130 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 105131

Trustee. Section 7.01 Duties of Trustee 98 125 Section 7.02 Rights of Trustee 99 126 Section 7.03 Individual Rights of Trustee 101 128 Section 7.04 Trustee’s Disclaimer 101 128 Section 7.05 Notice of Defaults 101 128 Section 7.06 Reports by Trustee to Holders 101 [Reserved] 128 Section 7.07 Compensation and Indemnity 101 128 Section 7.08 Replacement of Trustee 102 129 Section 7.09 Successor Trustee by Merger 103 Merger, Etc. 130 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 130 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 131 Section 8.02 Legal Defeasance and Discharge 104 131 Section 8.03 Covenant Defeasance 105 131 Section 8.04 Conditions to Legal or Covenant Defeasance 105132

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 102 Section 7.02 Rights of Trustee 99 Trustee. 103 Section 7.03 Individual Rights of Trustee 101 Trustee. 104 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 104 Section 7.05 Notice of Defaults 101 Defaults. 104 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 105 Section 7.07 Compensation and Indemnity 101 Indemnity. 105 Section 7.08 Replacement of Trustee 102 Trustee. 106 Page Section 7.09 Successor Trustee by Merger 103 Merger, etc. 107 Section 7.10 Eligibility; Disqualification 104 Disqualification. 107 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuers. 107 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 107 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 107 Section 8.03 Covenant Defeasance 105 Defeasance. 108 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 109

Trustee. Section 7.01 Duties of Trustee 98 111 Section 7.02 Rights of Trustee 99 112 Section 7.03 Individual Rights of Trustee 101 113 Page Section 7.04 Trustee’s Disclaimer 101 113 Section 7.05 Notice of Defaults 101 114 Section 7.06 Reports by Trustee to Holders 101 [Reserved] 114 Section 7.07 Compensation and Indemnity 101 114 Section 7.08 Replacement of Trustee 102 115 Section 7.09 Successor Trustee by Merger 103 Xxxxxx, etc. 116 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 116 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 116 Section 8.02 Legal Defeasance and Discharge 104 116 Section 8.03 Covenant Defeasance 105 117 Section 8.04 Conditions to Legal or Covenant Defeasance 105117

Trustee. Section 7.01 Duties of Trustee 98 96 Section 7.02 Rights of Trustee 99 97 Section 7.03 Individual Rights of Trustee 101 98 Section 7.04 Trustee’s Disclaimer 101 98 Section 7.05 Notice of Defaults 101 99 Section 7.06 Reports by Trustee to Holders 101 of the Notes 99 Section 7.07 Compensation and Indemnity 101 99 Section 7.08 Replacement of Trustee 102 100 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 101 Section 7.10 Eligibility; Disqualification 104 101 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuer 101 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 102 Section 8.02 Legal Defeasance and Discharge 104 102 Section 8.03 Covenant Defeasance 105 103 Section 8.04 Conditions to Legal or Covenant Defeasance 105103

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 100 Section 7.02 Rights of Trustee 99 Trustee. 101 Section 7.03 Individual Rights of Trustee Trustee. 101 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 102 Section 7.05 Notice of Defaults 101 Defaults. 102 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 102 Section 7.07 Compensation and Indemnity 101 Indemnity. 102 Section 7.08 Replacement of Trustee 102 Trustee. 103 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 104 Section 7.10 Eligibility; Disqualification Disqualification. 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors Issuer. 104 Page ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 105 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 105 Section 8.03 Covenant Defeasance Defeasance. 105 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 106

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 59 Section 7.02 Rights of Trustee 99 Trustee. 60 Section 7.03 Individual Rights of Trustee 101 Trustee. 61 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 61 Section 7.05 Notice of Defaults 101 Defaults. 62 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 62 Section 7.07 Compensation and Indemnity 101 Indemnity. 62 Section 7.08 Replacement of Trustee 102 Trustee. 63 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 64 Section 7.10 Eligibility; Disqualification 104 Disqualification. 64 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 64 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 64 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 64 Section 8.03 Covenant Defeasance 105 Defeasance. 65 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 65

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 63 Section 7.02 Rights of Trustee 99 Trustee. 64 Section 7.03 Individual Rights of Trustee 101 Trustee. 65 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 65 Section 7.05 Notice of Defaults 101 Defaults. 65 Section 7.06 Reports by Trustee to Holders 101 Compensation and Indemnity. 65 Section 7.07 Compensation and Indemnity 101 Replacement of Trustee. 66 Section 7.08 Replacement of Trustee 102 Section 7.09 Successor Trustee by Merger 103 Xxxxxx, etc. 66 Section 7.09 Eligibility; Disqualification. 66 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 67 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 67 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 67 Section 8.03 Covenant Defeasance 105 Defeasance. 67 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 68

Trustee. Section 7.01 9.01 Duties of Indenture Trustee 98 72 Section 7.02 9.02 Rights of Indenture Trustee 99 73 Section 7.03 9.03 Individual Rights of Indenture Trustee 101 76 Section 7.04 9.04 Indenture Trustee’s Disclaimer 101 77 Section 7.05 9.05 Notice of Defaults 101 77 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 9.06 Compensation and Indemnity 101 78 Section 7.08 9.07 Replacement of Indenture Trustee 102 79 Section 7.09 9.08 Successor Indenture Trustee by Merger 103 Merger, etc. 80 Section 7.10 9.09 Eligibility; Disqualification 104 80 Section 7.11 Preferential Collection 9.10 Protections of Claims Against the Company and Guarantors 104 Indenture Agents 80 Section 9.11 Exercise of Remedies 81 Section 9.12 Allocation of Proceeds 81 Section 9.13 Intercreditor Agreement 81 ARTICLE VIII 10 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 10.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 81 Section 8.02 10.02 Legal Defeasance and Discharge 104 81 Section 8.03 10.03 Covenant Defeasance 105 Section 8.04 Conditions to Legal or Covenant Defeasance 10582

Trustee. Section 7.01 Duties of Trustee 98 66 Section 7.02 Rights of Trustee 99 67 Section 7.03 Individual Rights of Trustee 101 68 Section 7.04 Trustee’s Disclaimer 101 68 Section 7.05 Notice of Defaults 101 68 Section 7.06 Reports by Trustee to Holders 101 of the Notes 68 Section 7.07 Compensation and Indemnity 101 69 Section 7.08 Replacement of Trustee 102 69 Section 7.09 Successor Trustee by Merger 103 Merger, etc 70 Section 7.10 Eligibility; Disqualification 104 70 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuer 71 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 71 Section 8.02 Legal Defeasance and Discharge 104 71 Section 8.03 Covenant Defeasance 105 72 Section 8.04 Conditions to Legal or Covenant Defeasance 10572

Trustee. Section 7.01 Duties of Trustee 98 79 Section 7.02 Rights of Trustee 99 and the Agents 81 Section 7.03 Individual Rights of Trustee 101 82 Section 7.04 Trustee’s Disclaimer 101 82 Section 7.05 Notice of Defaults 101 82 Section 7.06 Reports by Trustee to Holders 101 of the Notes 83 Section 7.07 Compensation and Indemnity 101 83 Section 7.08 Replacement of Trustee 102 84 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 85 Section 7.10 Eligibility; Disqualification 104 85 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 85 Section 7.12 Force Majeure 85 ARTICLE VIII VIII. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To Effect Legal Defeasance or and Covenant Defeasance 104 86 Section 8.02 Legal Defeasance and Discharge 104 86 Section 8.03 Covenant Defeasance 105 87 Section 8.04 Conditions to Legal or Covenant Defeasance 10587

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 83 Section 7.02 Rights of Trustee 99 Trustee. 84 Section 7.03 Individual Rights of Trustee 101 Trustee. 86 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 86 Section 7.05 Notice of Defaults 101 Defaults. 86 Section 7.06 Reports by Trustee to Holders 101 Compensation and Indemnity. 86 Section 7.07 Compensation and Indemnity 101 Replacement of Trustee. 87 Section 7.08 Replacement of Trustee 102 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 88 Section 7.10 7.09 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Disqualification. 88 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 88 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 88 Section 8.03 Covenant Defeasance 105 Defeasance. 89 Page Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 89

Trustee. Section 7.01 Duties of Trustee 98 70 Section 7.02 Rights of Trustee 99 71 Section 7.03 Individual Rights of Trustee 101 73 Section 7.04 Trustee’s Disclaimer 101 73 Section 7.05 Notice of Defaults 101 73 Section 7.06 Reports by Trustee to Holders 101 [Reserved.] 73 Section 7.07 Compensation and Indemnity 101 73 Section 7.08 Replacement of the Trustee 102 74 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 76 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 76 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To Effect Legal Defeasance or Covenant Defeasance 104 Section 8.02 Legal Defeasance and Discharge 104 Section 8.03 Covenant Defeasance 105 76 ARTICLE 9 AMENDMENT, SUPPLEMENT AND WAIVER Section 8.04 Conditions to Legal or Covenant Defeasance 1059.16 Without Consent of Holders of Notes 77 Section 9.17 With Consent of Holders of Notes 77 ARTICLE 12

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 113 Section 7.02 Rights of Trustee 99 Trustee. 114 Section 7.03 Individual Rights of Trustee 101 Trustee. 115 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 115 Section 7.05 Notice of Defaults 101 Defaults. 115 Section 7.06 Reports by Trustee to Holders 101 Compensation and Indemnity. 115 Section 7.07 Compensation and Indemnity 101 Replacement of Trustee. 116 Section 7.08 Replacement of Trustee 102 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 117 Section 7.10 7.09 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Disqualification. 117 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 117 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 118 Section 8.03 Covenant Defeasance 105 Defeasance. 118 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 119

Trustee. Section 7.01 Duties of Trustee 98 72 Section 7.02 Rights of Trustee 99 73 Section 7.03 Individual Rights of Trustee 101 74 Section 7.04 Trustee’s Disclaimer 101 74 Section 7.05 Notice of Defaults 101 75 Section 7.06 Reports by Trustee to Holders 101 [Reserved 75 Section 7.07 Compensation and Indemnity 101 75 Section 7.08 Replacement of the Trustee 102 76 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 77 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 77 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To Effect Legal Defeasance or Covenant Defeasance 104 Section 8.02 Legal Defeasance and Discharge 104 Section 8.03 Covenant Defeasance 105 77 ARTICLE 9 AMENDMENT, SUPPLEMENT AND WAIVER Section 8.04 Conditions to Legal or Covenant Defeasance 1059.01 Without Consent of Holders of Notes 78 Section 9.02 With Consent of Holders of Notes 78 ARTICLE 12

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 70 Section 7.02 Rights of Trustee 99 Trustee. 71 Section 7.03 Individual Rights of Trustee 101 Trustee. 73 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 73 Section 7.05 Notice of Defaults 101 Defaults. 73 Section 7.06 Reports by Trustee to Holders 101 Compensation and Indemnity. 73 Section 7.07 Compensation and Indemnity 101 Replacement of Trustee. 74 Section 7.08 Replacement of Trustee 102 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 75 Section 7.10 7.09 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Disqualification. 75 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 75 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 75 Section 8.03 Covenant Defeasance 105 Defeasance. 76 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 77

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 71 Section 7.02 Rights of Trustee 99 Trustee. 72 Section 7.03 Individual Rights of Trustee 101 Trustee. 73 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 73 Section 7.05 Notice of Defaults 101 Defaults. 73 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 73 Section 7.07 Compensation and Indemnity 101 Indemnity. 74 Section 7.08 Replacement of Trustee 102 Trustee. 74 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 75 Section 7.10 Eligibility; Disqualification 104 Disqualification. 75 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 76 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 76 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 76 Section 8.03 Covenant Defeasance 105 Defeasance. 77 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 77

Trustee. Section 7.01 Duties of Trustee 98 47 Section 7.02 Rights of Trustee 99 48 Section 7.03 Individual Rights of Trustee 101 49 Section 7.04 Trustee’s Disclaimer 101 49 Section 7.05 Notice of Defaults 101 49 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 Compensation and Indemnity 101 49 Section 7.08 7.07 Replacement of Trustee 102 50 Section 7.09 7.08 Successor Trustee by Merger 103 Merger, etc. 51 Section 7.10 7.09 Eligibility; Disqualification 104 51 Section 7.11 Preferential Collection 7.10 Appointment of Claims Against the Company and Guarantors 104 ARTICLE VIII Co-Trustee 51 Article 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 53 Section 8.02 Legal Defeasance and Discharge 104 53 Section 8.03 Covenant Defeasance 105 53 Section 8.04 Conditions to Legal or Covenant Defeasance 10554

Trustee. Section 7.01 Duties of Trustee 98 82 Section 7.02 Rights of Trustee 99 83 Section 7.03 Individual Rights of Trustee 101 85 Section 7.04 Trustee’s Disclaimer 101 86 Section 7.05 Notice of Defaults 101 86 Section 7.06 Reports by Trustee to Holders 101 [Reserved] 86 Section 7.07 Compensation and Indemnity 101 86 Section 7.08 Replacement of Trustee 102 87 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 88 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Agents 88 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 89 Section 8.02 Legal Defeasance and Discharge 104 89 Section 8.03 Covenant Defeasance 105 90 Section 8.04 Conditions to Legal or Covenant Defeasance 10590

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 81 Section 7.02 Rights of Trustee 99 Trustee. 82 Section 7.03 Individual Rights of Trustee 101 Trustee. 84 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 84 Section 7.05 Notice of Defaults 101 Defaults. 84 Section 7.06 Reports by Trustee to Holders 101 Compensation and Indemnity. 84 Section 7.07 Compensation and Indemnity 101 Replacement of Trustee. 85 Section 7.08 Replacement of Trustee 102 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 86 Section 7.10 7.09 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Disqualification. 86 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 86 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 86 Section 8.03 Covenant Defeasance 105 Defeasance. 87 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 87

Trustee. Section 7.01 Duties of Trustee 98 78 Section 7.02 Rights of Trustee 99 79 Section 7.03 Individual Rights of Trustee 101 80 Section 7.04 Trustee’s Disclaimer 101 81 Section 7.05 Notice of Defaults 101 81 Section 7.06 Reports by Trustee to Holders 101 of the Notes 81 Section 7.07 Compensation and Indemnity 101 81 Section 7.08 Replacement of Trustee 102 82 Section 7.09 Successor Trustee by Merger 103 Merger, etc 83 Section 7.10 Eligibility; Disqualification 104 83 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 83 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Section 8.02 Legal Defeasance and Discharge 104 Section 8.03 Covenant Defeasance 105 Section 8.04 Conditions to Legal or Covenant Defeasance 10584 Page

Trustee. Section 7.01 7.01. Duties of Trustee 98 Trustee. 79 Section 7.02 7.02. Rights of Trustee 99 Trustee. 80 Section 7.03 7.03. Individual Rights of Trustee 101 Trustee. 80 Section 7.04 7.04. Trustee’s Disclaimer 101 Disclaimer. 80 Section 7.05 7.05. Notice of Defaults 101 Defaults. 80 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 7.06. Compensation and Indemnity 101 Indemnity. 81 Section 7.08 7.07. Replacement of Trustee 102 Trustee. 82 Section 7.09 7.08. Successor Trustee by Merger 103 Merger, etc. 83 Section 7.10 7.09. Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Disqualification. 83 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 83 Section 8.02 8.02. Legal Defeasance and Discharge 104 Discharge. 83 Section 8.03 8.03. Covenant Defeasance 105 Defeasance. 84 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 105Defeasance. 84

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 87 Section 7.02 Rights of Trustee 99 Trustee. 88 Section 7.03 Individual Rights of Trustee 101 Trustee. 89 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 89 Section 7.05 Notice of Defaults 101 Defaults. 89 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 89 Section 7.07 Compensation and Indemnity 101 Indemnity. 89 Section 7.08 Replacement of Trustee 102 Trustee. 90 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 91 Section 7.10 Eligibility; Disqualification 104 Disqualification. 91 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuers. 91 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 92 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 92 Section 8.03 Covenant Defeasance 105 Defeasance. 92 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 93

Trustee. Section 7.01 Duties of Trustee 98 55 Section 7.02 Rights of Trustee 99 56 Section 7.03 Individual Rights of Trustee 101 57 Section 7.04 Trustee’s Disclaimer 101 57 Section 7.05 Notice of Defaults 101 57 Section 7.06 Reports by Trustee to Holders 101 of the Notes 58 Section 7.07 Compensation and Indemnity 101 58 Section 7.08 Replacement of Trustee 102 59 Section 7.09 Successor Trustee by Merger 103 Merger, etc 60 Section 7.10 Eligibility; Disqualification 104 60 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuer 60 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 60 Section 8.02 Legal Defeasance and Discharge 104 60 Section 8.03 Covenant Defeasance 105 61 Section 8.04 Conditions to Legal or Covenant Defeasance 10562

Trustee. Section 7.01 Duties of Trustee 98 100 Section 7.02 Rights of Trustee 99 101 Section 7.03 Individual Rights of Trustee 101 103 Section 7.04 Trustee’s Disclaimer 101 103 Section 7.05 Notice of Defaults 101 103 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 Compensation and Indemnity 101 104 Section 7.08 7.07 Replacement of Trustee 102 105 Section 7.09 7.08 Successor Trustee by Merger 103 Merger, Etc. 105 Section 7.10 7.09 Eligibility; Disqualification 104 106 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 7.10 Security Documents; ABL-Notes Intercreditor Agreement 106 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or and Covenant Defeasance 104 106 Section 8.02 Legal Defeasance and Discharge 104 107 Section 8.03 Covenant Defeasance 105 107 Section 8.04 Conditions to Legal or Covenant Defeasance 105108

Trustee. Section 7.01 7.01. Duties of Trustee 98 115 Section 7.02 7.02. Rights of Trustee 99 116 Section 7.03 7.03. Individual Rights of Trustee 101 118 Section 7.04 7.04. Trustee’s Disclaimer 101 118 Section 7.05 7.05. Notice of Defaults 101 118 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 7.06. Compensation and Indemnity 101 118 Section 7.08 7.07. Replacement of Trustee 102 119 Section 7.09 7.08. Successor Trustee by Merger 103 Xxxxxx, Etc. 120 Section 7.10 7.09. Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 120 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 121 Section 8.02 8.02. Legal Defeasance and Discharge 104 121 Section 8.03 8.03. Covenant Defeasance 105 122 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 105122

Trustee. Section 7.01 Duties of Trustee 98 87 Section 7.02 Rights of Trustee 99 88 Section 7.03 Individual Rights of Trustee 101 89 Section 7.04 Trustee’s Disclaimer 101 90 Section 7.05 Notice of Defaults 101 90 Section 7.06 Reports by Trustee to Holders 101 [Reserved] 90 Section 7.07 Compensation and Indemnity 101 90 Section 7.08 Replacement of Trustee 102 91 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 92 ii Page Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 92 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 92 Section 8.02 Legal Defeasance and Discharge 104 92 Section 8.03 Covenant Defeasance 105 93 Section 8.04 Conditions to Legal or Covenant Defeasance 10593

Trustee. Section 7.01 Duties of Trustee 98 47 Section 7.02 Rights of Trustee 99 48 Section 7.03 Individual Rights of Trustee 101 49 Section 7.04 Trustee’s Disclaimer 101 50 Section 7.05 Notice of Defaults 101 50 Section 7.06 Reports by Trustee to Holders 101 of the Notes 50 Section 7.07 Compensation and Indemnity 101 50 Section 7.08 Replacement of Trustee 102 51 Section 7.09 Successor Trustee by Merger 103 Xxxxxx, etc. 52 Section 7.10 Eligibility; Disqualification 104 52 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 52 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 53 Section 8.02 Legal Defeasance and Discharge 104 53 Section 8.03 Covenant Defeasance 105 53 Section 8.04 Conditions to Legal or Covenant Defeasance 10554

Trustee. Section 7.01 7.1. Duties of Trustee 98 Trustee. 78 Section 7.02 7.2. Rights of Trustee 99 Trustee. 80 Section 7.03 7.3. Individual Rights of Trustee 101 Trustee. 81 Section 7.04 7.4. Trustee’s Disclaimer 101 Disclaimer. 81 Section 7.05 7.5. Notice of Defaults 101 Defaults. 81 Section 7.06 7.6. Reports by Trustee to Holders 101 Holder of the Notes. 81 Section 7.07 Compensation 7.7. Compensation, Reimbursement and Indemnity 101 Indemnity. 82 Section 7.08 7.8. Replacement of Trustee 102 Trustee. 83 Section 7.09 7.9. Successor Trustee by Merger 103 Merger, Etc. 84 Section 7.10 7.10. Eligibility; Disqualification 104 Disqualification. 84 Section 7.11 7.11. Preferential Collection of Claims Against the Company and Guarantors 104 Company. 84 ARTICLE VIII VIII. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.1. Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 85 Section 8.02 8.2. Legal Defeasance and Discharge 104 Discharge. 85 Section 8.03 8.3. Covenant Defeasance 105 Defeasance. 86 Section 8.04 8.4. Conditions to Legal or Covenant Defeasance 105Defeasance. 86

Trustee. Section 7.01 SECTION 7.01. Duties of Trustee 98 Section 7.02 64 SECTION 7.02. Rights of Trustee 99 Section 7.03 65 SECTION 7.03. Individual Rights of Trustee 101 Section 7.04 67 SECTION 7.04. Trustee’s Disclaimer 101 Section 7.05 67 SECTION 7.05. Notice of Defaults 101 Section 7.06 67 SECTION 7.06. Reports by Trustee to Holders 101 Section 7.07 of the Notes 67 SECTION 7.07. Compensation and Indemnity 101 Section 7.08 68 SECTION 7.08. Replacement of Trustee 102 Section 7.09 69 SECTION 7.09. Successor Trustee by Merger 103 Section 7.10 Merger, etc 70 SECTION 7.10. Eligibility; Disqualification 104 Section 7.11 70 SECTION 7.11. Preferential Collection of Claims Against the Company and Guarantors 104 70 ARTICLE VIII LEGAL DEFEASANCE, COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Legal Defeasance and Covenant Defeasance Section 8.01 SECTION 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 Section 8.02 70 SECTION 8.02. Legal Defeasance and Discharge 104 Section 8.03 70 SECTION 8.03. Covenant Defeasance 105 Section 8.04 71 SECTION 8.04. Conditions to Legal or Covenant Defeasance 10571

Trustee. Section 7.01 Duties of Trustee 98 70 Section 7.02 Rights of Trustee 99 71 Section 7.03 Individual Rights of Trustee 101 72 Section 7.04 Trustee’s Disclaimer 101 72 Section 7.05 Notice of Defaults 101 72 Section 7.06 Reports by Trustee to Holders 101 of the Notes 72 Section 7.07 Compensation and Indemnity 101 73 Section 7.08 Replacement of Trustee 102 73 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 74 Section 7.10 Eligibility; Disqualification 104 74 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 74 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 75 Section 8.02 Legal Defeasance and Discharge 104 75 Section 8.03 Covenant Defeasance 105 75 Section 8.04 Conditions to Legal or Covenant Defeasance 10576

Trustee. Section 7.01 7.01. Duties of Trustee 98 117 Section 7.02 7.02. Rights of Trustee 99 118 Section 7.03 7.03. Individual Rights of Trustee 101 120 Section 7.04 7.04. Trustee’s Disclaimer 101 120 Section 7.05 7.05. Notice of Defaults 101 120 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 7.06. Compensation and Indemnity 101 120 Section 7.08 7.07. Replacement of Trustee 102 122 Section 7.09 7.08. Successor Trustee by Merger 103 Merger, Etc 123 Section 7.10 7.09. Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 123 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 123 Section 8.02 8.02. Legal Defeasance and Discharge 104 123 Section 8.03 8.03. Covenant Defeasance 105 124 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 105125

Trustee. Section 7.01 SECTION 7.01. Duties of Trustee 98 Section 7.02 111 SECTION 7.02. Rights of the Trustee 99 Section 7.03 112 SECTION 7.03. Individual Rights of Trustee 101 Section 7.04 115 SECTION 7.04. Trustee’s Disclaimer 101 Section 7.05 115 SECTION 7.05. Notice of Defaults 101 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 115 SECTION 7.06. [Reserved.] 115 SECTION 7.07. Compensation and Indemnity 101 Section 7.08 115 SECTION 7.08. Replacement of Trustee 102 Section 7.09 117 SECTION 7.09. Successor Trustee by Merger 103 Section 7.10 Merger, Etc. 118 SECTION 7.10. Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 118 ARTICLE VIII LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 SECTION 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 Section 8.02 118 SECTION 8.02. Legal Defeasance and Discharge 104 Section 8.03 118 SECTION 8.03. Covenant Defeasance 105 Section 8.04 119 SECTION 8.04. Conditions to Legal or Covenant Defeasance 105119

Trustee. Section 7.01 Duties of Trustee 98 80 Section 7.02 Rights of Trustee 99 81 Section 7.03 Individual Rights of Trustee 101 83 Section 7.04 Trustee’s Disclaimer 101 83 Section 7.05 Notice of Defaults 101 83 Page Section 7.06 Reports by Trustee to Holders 101 83 Section 7.07 Compensation and Indemnity 101 84 Section 7.08 Replacement of Trustee 102 85 Section 7.09 Successor Trustee or Collateral Trustee by Merger 103 Merger, etc. 86 Section 7.10 Eligibility; Disqualification 104 86 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 86 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 86 Section 8.02 Legal Defeasance and Discharge 104 86 Section 8.03 Covenant Defeasance 105 87 Section 8.04 Conditions to Legal or Covenant Defeasance 10587

Trustee. Section 7.01 Duties of Trustee 98 94 Section 7.02 Rights of Trustee 99 95 Section 7.03 Individual Rights of Trustee 101 96 Section 7.04 Trustee’s Disclaimer 101 96 Section 7.05 Notice of Defaults 101 96 Section 7.06 Reports by Trustee to Holders 101 of the Notes 96 Section 7.07 Compensation and Indemnity 101 96 Section 7.08 Replacement of Trustee 102 97 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 98 Section 7.10 Eligibility; Disqualification 104 98 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuers 99 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 99 Section 8.02 Legal Defeasance and Discharge 104 99 Section 8.03 Covenant Defeasance 105 99 Section 8.04 Conditions to Legal or Covenant Defeasance 105100 Page

Trustee. Section 7.01 Duties of Trustee 98 100 Section 7.02 Rights of Trustee 99 101 Section 7.03 Individual Rights of Trustee 101 103 Section 7.04 Trustee’s Disclaimer 101 103 Section 7.05 Notice of Defaults 101 103 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 Compensation and Indemnity 101 103 Section 7.08 7.07 Replacement of Trustee 102 104 Section 7.09 7.08 Successor Trustee by Merger 103 Merger, Etc. 105 Section 7.10 7.09 Eligibility; Disqualification 104 105 Section 7.10 Security Documents; Amendment to the Alabama Intercreditor Agreement; Additional Authorized Representative Joinder Agreement No. 1; Junior Lien Intercreditor Agreement 105 Section 7.11 Preferential Collection of Claims Against Issuer 106 Section 7.12 Calculations in Respect of the Company and Guarantors 104 Notes 106 Section 7.13 Brokerage Confirmations 106 ARTICLE VIII 8 LEGAL DEFEASANCE, COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To Effect Legal Defeasance or Covenant Defeasance 104 Section 8.02 Legal Defeasance and Discharge 104 Section 8.03 Covenant Defeasance 105 Section 8.04 Conditions to Legal or Covenant Defeasance 105COVENANT DEFEASANCE

Trustee. Section 7.01 7.01. Duties of Trustee 98 111 Section 7.02 7.02. Rights of Trustee 99 112 Section 7.03 7.03. Individual Rights of Trustee 101 113 Section 7.04 7.04. Trustee’s Disclaimer 101 113 Section 7.05 7.05. Notice of Defaults 101 114 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 7.06. Compensation and Indemnity 101 114 Section 7.08 7.07. Replacement of Trustee 102 115 Section 7.09 7.08. Successor Trustee by Merger 103 Merger, etc 115 Section 7.10 7.09. Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 116 ARTICLE VIII LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 116 Section 8.02 8.02. Legal Defeasance and Discharge 104 116 Section 8.03 8.03. Covenant Defeasance 105 117 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 105117

Trustee. Section 7.01 Duties of Trustee 98 69 Section 7.02 Rights of Trustee 99 69 Section 7.03 Individual Rights of Trustee 101 70 Section 7.04 Trustee’s Disclaimer 101 71 Section 7.05 Notice of Defaults 101 71 Section 7.06 Reports by Trustee to Holders 101 of the Notes 71 Section 7.07 Compensation and Indemnity 101 71 Section 7.08 Replacement of Trustee 102 72 Section 7.09 Successor Trustee by Merger 103 Merger, Etc 73 Section 7.10 Eligibility; Disqualification 104 73 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 73 Page ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 73 Section 8.02 Legal Defeasance and Discharge 104 73 Section 8.03 Covenant Defeasance 105 74 Section 8.04 Conditions to Legal or Covenant Defeasance 10574

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 82 Section 7.02 Rights of Trustee 99 Trustee. 83 Section 7.03 Individual Rights of Trustee 101 Trustee. 84 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 84 Section 7.05 Notice of Defaults 101 Defaults. 84 Section 7.06 Reports by Trustee to Holders 101 Compensation and Indemnity. 85 Section 7.07 Compensation and Indemnity 101 Replacement of Trustee. 86 Section 7.08 Replacement of Trustee 102 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 86 Section 7.10 7.09 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Disqualification. 86 ARTICLE VIII VIII. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 87 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 87 Section 8.03 Covenant Defeasance 105 Defeasance. 87 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 88

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 65 Section 7.02 Rights of Trustee 99 Trustee. 66 Section 7.03 Individual Rights of Trustee 101 Trustee. 67 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 67 Section 7.05 Notice of Defaults 101 Defaults. 67 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 67 Section 7.07 Compensation and Indemnity 101 Indemnity. 67 Section 7.08 Replacement of Trustee 102 Trustee. 68 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 69 Section 7.10 Eligibility; Disqualification 104 Disqualification. 69 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 69 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 69 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 70 Section 8.03 Covenant Defeasance 105 Defeasance. 70 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 71

Trustee. Section 7.01 Duties of Trustee 98 64 Section 7.02 Rights of Trustee 99 65 Section 7.03 Individual Rights of Trustee 101 66 Section 7.04 Trustee’s Disclaimer 101 66 Section 7.05 Notice of Defaults 101 66 Section 7.06 Reports by Trustee to Holders 101 of the Notes 67 Section 7.07 Compensation and Indemnity 101 67 Section 7.08 Replacement of Trustee 102 68 Section 7.09 Successor Trustee by Merger 103 Merger, etc 68 Section 7.10 Eligibility; Disqualification 104 69 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 69 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 69 Section 8.02 Legal Defeasance and Discharge 104 69 Section 8.03 Covenant Defeasance 105 70 Section 8.04 Conditions to Legal or Covenant Defeasance 10570

Trustee. Section 7.01 Duties of Trustee 98 74 Section 7.02 Rights of Trustee 99 75 Section 7.03 Individual Rights of Trustee 101 77 Section 7.04 Trustee’s Disclaimer 101 77 Section 7.05 Notice of Defaults 101 78 Section 7.06 Reports by Trustee to Holders 101 of the Notes 78 Section 7.07 Compensation and Indemnity 101 78 Section 7.08 Replacement of Trustee 102 79 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 80 Section 7.10 Eligibility; Disqualification 104 80 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 80 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 80 Section 8.02 Legal Defeasance and Discharge 104 81 Section 8.03 Covenant Defeasance 105 81 Section 8.04 Conditions to Legal or Covenant Defeasance 10582

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 76 Section 7.02 Rights of Trustee 99 Trustee. 77 Section 7.03 Individual Rights of Trustee 101 Trustee. 78 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 78 Section 7.05 Notice of Defaults 101 Defaults. 79 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 79 Section 7.07 Compensation and Indemnity 101 Indemnity. 79 Section 7.08 Replacement of Trustee 102 Trustee. 80 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 81 Section 7.10 Eligibility; Disqualification 104 Disqualification. 81 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 81 Page ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 81 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 81 Section 8.03 Covenant Defeasance 105 Defeasance. 82 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 82

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 61 Section 7.02 Rights of Trustee 99 Trustee. 62 Section 7.03 Individual Rights of Trustee 101 Trustee. 62 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 63 Section 7.05 Notice of Defaults 101 Defaults. 63 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 63 Section 7.07 Compensation and Indemnity 101 Indemnity. 63 Section 7.08 Replacement of Trustee 102 Trustee. 64 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 65 Section 7.10 Eligibility; Disqualification 104 Disqualification. 65 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 65 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 65 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 65 Section 8.03 Covenant Defeasance 105 Defeasance. 66 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 66

Trustee. Section 7.01 Duties of Trustee 98 99 Section 7.02 Rights of Trustee 99 100 Section 7.03 Individual Rights of Trustee 101 102 Section 7.04 Trustee’s Disclaimer 101 102 Section 7.05 Notice of Defaults 101 102 Section 7.06 Reports by Trustee to Holders 101 of the Notes 102 Section 7.07 Compensation and Indemnity 101 102 Section 7.08 Replacement of Trustee 102 104 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 104 Section 7.10 Eligibility; Disqualification 104 105 Section 7.11 Preferential Collection of Claims Against the Company Intercreditor Agreements and Guarantors 104 Security Documents 105 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 105 Section 8.02 Legal Defeasance and Discharge 104 106 Section 8.03 Covenant Defeasance 105 106 Section 8.04 Conditions to Legal or Covenant Defeasance 105107

Trustee. Section 7.01 7.01. Duties of Trustee 98 147 Section 7.02 7.02. Rights of Trustee 99 148 Section 7.03 7.03. Individual Rights of Trustee 101 150 Section 7.04 7.04. Trustee’s Disclaimer 101 150 Section 7.05 7.05. Notice of Defaults 101 151 Section 7.06 Reports by Trustee to Holders 101 7.06. [Reserved] 151 Section 7.07 7.07. Compensation and Indemnity 101 151 Section 7.08 7.08. Replacement of Trustee 102 152 Section 7.09 7.09. Successor Trustee by Merger 103 Xxxxxx, etc. 152 Section 7.10 7.10. Eligibility; Disqualification 104 152 Section 7.11 Preferential Collection 7.11. Security Documents; Intercreditor Agreements 153 Section 7.12. Limitation on Duty of Claims Against the Company and Guarantors 104 Trustee in Respect of Collateral; Indemnification 153 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 154 Section 8.02 8.02. Legal Defeasance and Discharge 104 154 Section 8.03 8.03. Covenant Defeasance 105 154 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 105155

Trustee. Section 7.01 Duties of Trustee 98 67 Section 7.02 Rights of Trustee 99 68 Section 7.03 Individual Rights of Trustee 101 69 Section 7.04 Trustee’s Disclaimer 101 69 Section 7.05 Notice of Defaults 101 69 Section 7.06 Reports by Trustee to Holders 101 of the Notes 69 Section 7.07 Compensation and Indemnity 101 69 Section 7.08 Replacement of Trustee 102 70 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 71 Section 7.10 Eligibility; Disqualification 104 71 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 71 Page ARTICLE VIII LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To Effect Legal Defeasance or Covenant Defeasance 104 71 Section 8.02 Legal Defeasance and Discharge 104 71 Section 8.03 Covenant Defeasance 105 72 Section 8.04 Conditions to Legal or Covenant Defeasance 10572

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 85 Section 7.02 Rights of Trustee 99 Trustee. 86 Section 7.03 Individual Rights of Trustee 101 Trustee. 87 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 87 Section 7.05 Notice of Defaults 101 Defaults. 87 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 88 Section 7.07 Compensation and Indemnity 101 Indemnity. 88 Section 7.08 Replacement of Trustee 102 Trustee. 89 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 90 Section 7.10 Eligibility; Disqualification 104 Disqualification. 90 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuers. 90 Page ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 90 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 90 Section 8.03 Covenant Defeasance 105 Defeasance. 91 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 92

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 79 Section 7.02 Rights of Trustee 99 Trustee. 80 Section 7.03 Individual Rights of Trustee 101 Trustee. 80 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 81 Section 7.05 Notice of Defaults 101 Defaults. 81 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 81 Section 7.07 Compensation and Indemnity 101 Indemnity. 81 Section 7.08 Replacement of Trustee 102 Trustee. 82 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 83 Section 7.10 Eligibility; Disqualification 104 Disqualification. 83 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 83 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 83 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 84 Section 8.03 Covenant Defeasance 105 Defeasance. 84 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 85 Page

Trustee. Section 7.01 Duties of Trustee 98 64 Section 7.02 Rights of Trustee 99 65 Section 7.03 Individual Rights of Trustee 101 66 Section 7.04 Trustee’s Disclaimer 101 66 Section 7.05 Notice of Defaults 101 66 Section 7.06 Reports by Trustee to Holders 101 of the Notes 66 Section 7.07 Compensation and Indemnity 101 66 Section 7.08 Replacement of Trustee 102 67 Section 7.09 Successor Trustee by Merger 103 Merger, etc 68 Section 7.10 Eligibility; Disqualification 104 68 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 68 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 68 Section 8.02 Legal Defeasance and Discharge 104 69 Section 8.03 Covenant Defeasance 105 Section 8.04 Conditions to Legal or Covenant Defeasance 10569 Page

Trustee. Section 7.01 7.01. Duties of Trustee 98 Trustee. 64 Section 7.02 7.02. Rights of Trustee 99 Trustee. 65 Section 7.03 7.03. Individual Rights of Trustee 101 Trustee. 65 Section 7.04 7.04. Trustee’s Disclaimer 101 Disclaimer. 66 Section 7.05 7.05. Notice of Defaults 101 Defaults. 66 Section 7.06 7.06. Reports by Trustee to Holders 101 of the Notes. 66 Section 7.07 7.07. Compensation and Indemnity 101 Indemnity. 66 Section 7.08 7.08. Replacement of Trustee 102 Trustee. 67 Section 7.09 7.09. Successor Trustee by Merger 103 Xxxxxx, etc. 68 Section 7.10 7.10. Eligibility; Disqualification 104 Disqualification. 68 Section 7.11 7.11. Preferential Collection of Claims Against the Company and Guarantors 104 Company. 68 ARTICLE VIII 8. LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 68 Section 8.02 8.02. Legal Defeasance and Discharge 104 Discharge. 68 Section 8.03 8.03. Covenant Defeasance 105 Defeasance. 69 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 105Defeasance. 69

Trustee. Section 7.01 7.01. Duties of Trustee 98 68 Section 7.02 7.02. Rights of Trustee 99 69 Section 7.03 7.03. Individual Rights of Trustee 101 70 Section 7.04 7.04. Trustee’s Disclaimer 101 70 Section 7.05 7.05. Notice of Defaults 101 71 Section 7.06 Reports by Trustee to Holders 101 7.06. [Reserved] 71 Section 7.07 7.07. Compensation and Indemnity 101 71 Section 7.08 7.08. Replacement of Trustee 102 72 Section 7.09 7.09. Successor Trustee by Merger 103 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Merger, etc. 73 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 8.01. Option To to Effect Legal Defeasance or Covenant Defeasance 104 73 Section 8.02 8.02. Legal Defeasance and Discharge 104 73 Section 8.03 8.03. Covenant Defeasance 105 74 Section 8.04 8.04. Conditions to Legal or Covenant Defeasance 10574

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 71 Section 7.02 Rights of Trustee 99 Trustee. 72 Section 7.03 Individual Rights of Trustee 101 Trustee. 73 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 73 Section 7.05 Notice of Defaults 101 Defaults. 73 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 73 Section 7.07 Compensation and Indemnity 101 Indemnity. 73 Section 7.08 Replacement of Trustee 102 Trustee. 74 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 75 Section 7.10 Eligibility; Disqualification 104 Disqualification. 75 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Company. 75 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 76 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 76 Section 8.03 Covenant Defeasance 105 Defeasance. 76 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 77

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 56 Section 7.02 Rights of Trustee 99 Trustee. 57 Section 7.03 Individual Rights of Trustee 101 Trustee. 58 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 58 Section 7.05 Notice of Defaults 101 Defaults. 59 Section 7.06 Reports by Trustee to Holders 101 [RESERVED] 59 Section 7.07 Compensation and Indemnity 101 Indemnity. 59 Section 7.08 Replacement of Trustee 102 Trustee. 60 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 60 Section 7.10 Eligibility; Disqualification 104 Disqualification. 61 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 [RESERVED] 61 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To Effect Legal Defeasance or and Covenant Defeasance 104 Defeasance. 61 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 61 Section 8.03 Covenant Defeasance 105 Defeasance. 62 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 62

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 113 Section 7.02 Rights of Trustee 99 Trustee. 114 Section 7.03 Individual Rights of Trustee 101 Trustee. 116 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 116 Section 7.05 Notice of Defaults 101 Defaults. 116 Section 7.06 Reports by Trustee to Holders 101 Compensation and Indemnity. 116 Section 7.07 Compensation and Indemnity 101 Replacement of Trustee. 117 Section 7.08 Replacement of Trustee 102 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 118 Section 7.10 7.09 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Disqualification. 118 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 118 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 118 Section 8.03 Covenant Defeasance 105 Defeasance. 119 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 120

Trustee. Section 7.01 Duties of Trustee 98 115 Section 7.02 Rights of Trustee 99 116 Section 7.03 Individual Rights of Trustee 101 117 Section 7.04 Trustee’s Disclaimer 101 117 Section 7.05 Notice of Defaults 101 117 Section 7.06 Reports by Trustee to Holders 101 Section 7.07 Compensation and Indemnity 101 117 Section 7.08 7.07 Replacement of Trustee 102 118 Section 7.09 7.08 Successor Trustee by Merger 103 Merger, etc. 119 Section 7.10 7.09 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 119 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 119 Section 8.02 Legal Defeasance and Discharge 104 120 Section 8.03 Covenant Defeasance 105 120 Section 8.04 Conditions to Legal or Covenant Defeasance 105121

Trustee. Section 7.01 Duties of Trustee 98 Trustee. 77 Section 7.02 Rights of Trustee 99 Trustee. 79 Section 7.03 Individual Rights of Trustee 101 Trustee. 79 Section 7.04 Trustee’s Disclaimer 101 Disclaimer. 80 Section 7.05 Notice of Defaults 101 Defaults. 80 Section 7.06 Reports by Trustee to Holders 101 of the Notes. 80 Section 7.07 Compensation and Indemnity 101 Indemnity. 80 Section 7.08 Replacement of Trustee 102 Trustee. 81 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 83 Section 7.10 Eligibility; Disqualification 104 Disqualification. 83 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 Issuers. 83 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 Defeasance. 83 Section 8.02 Legal Defeasance and Discharge 104 Discharge. 83 Section 8.03 Covenant Defeasance 105 Defeasance. 84 Section 8.04 Conditions to Legal or Covenant Defeasance 105Defeasance. 85

Trustee. Section 7.01 Duties of Trustee 98 89 Section 7.02 Rights of Trustee 99 90 Section 7.03 Individual Rights of Trustee 101 91 Section 7.04 Trustee’s Disclaimer 101 91 Section 7.05 Notice of Defaults 101 91 Section 7.06 Reports by Trustee to Holders 101 of the Notes 91 Section 7.07 Compensation and Indemnity 101 92 Section 7.08 Replacement of Trustee 102 92 Section 7.09 Successor Trustee by Merger 103 Merger, etc. 93 Section 7.10 Eligibility; Disqualification 104 Section 7.11 Preferential Collection of Claims Against the Company and Guarantors 104 93 ARTICLE VIII 8 LEGAL DEFEASANCE, DEFEASANCE AND COVENANT DEFEASANCE AND SATISFACTION AND DISCHARGE Section 8.01 Option To to Effect Legal Defeasance or Covenant Defeasance 104 94 Section 8.02 Legal Defeasance and Discharge 104 94 Section 8.03 Covenant Defeasance 105 94 Section 8.04 Conditions to Legal or Covenant Defeasance 10595